An Analysis of Quota Conflicts in the Fishing Industry of the Western Cape – the Plight of the Small Scale Fisher Sector from 1994 to the Present Day. By M. A. GREEN Submitted in fulfilment of the requirements for the degree of Magister Philosophiae in Conflict Transformation and Management at the Nelson Mandela Metropolitan University. March 2017 Supervisor: Prof Gavin Bradshaw ABSTRACT This treatise tracks the sequence of events that took place within the South African Fishing Industry post 1994, and focuses specifically on the plight of the small scale artisanal fisher sector, which operates in the in-shore and near-shore coastal waters of the Western and Southern Cape. In exploring this area of conflict, it focuses on the attempts of this sector to gain official recognition, sanction and inclusion in the country’s statutory framework. It is an intensive investigation into the activities of the various role players, being this fisher sector, various fishing bodies, the government and business, and through personal interactions with these stakeholders, a diverse set of perceptions and perspectives is detailed. Through the use of Participlan methodology, utilised in one-on-one interactions as well as focus group workshops, issues relating to the past, present and future are surfaced, leading to what the different entities believe to be a collective way forward. The dissertation concludes that there is a need for the three entities as defined, to communicate on a formalised basis in order to progress issues relating to the management, protection and sustainability of the in-shore and near-shore fish resources. It shows further that there is a desire and willingness across all these sectors to share ideas and thoughts in a structured environment to establish a common ground and to create a solution to resolve this conflict scenario. Specifically, the study illustrates that the small-scale artisanal fisher sector is a justifiable participant in the fishing industry, warranting recognition and inclusion as a distinct entity in the country’s Marine Living Resources Act. 2 TABLE OF CONTENTS Chapter 1 INTRODUCTION: RATIONALE AND MOTIVATION 5 1.1 Area of focus 5 1.2 Definitions 6 1.3 Motivation for this study 8 1.4 Contextual background 9 1.5 Aims and objectives 43 Chapter 2 PROBLEM STATEMENT 45 2.1 Statement of the problem 45 2.2 Literature review 46 2.2.1 Local scenario 46 2.2.2 International scenario 50 2.2.3 Individual Transferable Quotas (ITQ) 56 2.2.4 Individual Fishing Quotas (IFQ) and Common Property Resources (CPR) 65 2.3 Literature study 69 Chapter 3 PERCEPTIONS AND PERSPECTIVES OF ROLE PLAYERS 70 Chapter 4 RESEARCH DESIGN 81 4.1 Demarcation and delimitation of research 81 4.2 Research methodology 82 4.2.1 Type of research 82 4.2.2 Research methods and techniques 82 4.3 Population frame 85 4.4 Reliability and validity 85 3 4.5 Type of sample 87 4.5.1 Sample size and selection 87 4.6 Data collection 88 4.7 Data analysis 88 4.8 Ethical and political considerations 89 Chapter 5 OVERVIEW OF FINDINGS 91 Chapter 6 CONCLUSIONS AND RECOMMENDATIONS 113 LIST OF SOURCES 122 APPENDIX ONE: Participlan™ Process 138 APPENDIX TWO: Participlan™ Questions 144 4 Chapter 1 INTRODUCTION: RATIONALE AND MOTIVATION This section covers the underlying principles and reasons for undertaking the research, and includes the background and therefore build-up to the discordant situation of today. It also deals with the aims and objectives of the project, as well as the research hypothesis. 1.1 Area of focus The field of this research is limited to the harvesting of natural resources obtainable from the seas of South Africa, and more specifically those species prevalent within an area known as in-shore or near-shore, in the coastal waters of the Western and Southern Cape. This procurement process is controlled in the main through government enforced quotas based on Total Allowable Catches (TAC) per fish or marine specie. There is one fish specie however (the Cape Snoek) that is not restricted by an industry TAC; the rationale for its exclusion will be covered later in the text. The specific area of focus of the research is on the equity of resource allocation amongst the various role players in the industry within the confines of quota allocation, and the methods put in place by government organs to effect due process. It further covers the issue of man’s inalienable right to harvest what is considered a freely available resource, and the resultant conflict that ensues when ‘free access’ is denied. In particular, the key focus is specifically on the situation or rather plight of the artisanal fishers of the Western and Southern Cape coasts. Prior to the introduction of the Marine Living Resources Act (MLRA) of 1998, this community was part of a collective which post 1994 enjoyed what was known as a Community Quota. It was the classifications entrenched in the MRLA that were cause for the predicament of the artisanal fishers – they were a category of fishers that were not accommodated. 5 Previous research into the field of the in-shore fishing communities, has addressed areas such as the empowering of regional fishing communities through a proposed share-holding scheme (Isaacs 1999), and the conflict surrounding these communities and the South African Fishing Industry. A further study undertaken by Witbooi (2002) explored the issue of legitimising subsistence fishing in South Africa, and specifically addressed the balance between the sustainability of the resource and the economic and social rights of the community. A specific study of the artisanal fisher community operating along the Western and Southern Cape coast is a more concentrated approach to a dynamic situation, currently unfolding on our shores. 1.2 Definitions An aspect that has been the source of confusion over the last number of years, is the definitions of the various role players in the in-shore fishing sector. For example, the definition of subsistence fishers in the MLRA, whilst recognising this sector for the first time, distinctly categorises these fishers as those who do NOT sell their catch, in whole or part. This subsequently was changed through the involvement of the Subsistence Fisheries Task Group (SFTG), a body set up by the government in December 1998, their purpose being to ‘provide recommendations with regard to systems for managing subsistence fisheries’ (Government Gazette 2006). The SFTG included in the definition the words ‘or sell their harvest to end users locally to meet their basic needs’. In a class action in the Equality Court and High Court (SCA Case no: 437/2005 Equality Court no: EC1/2005f), an independent non-governmental agency known as Masifundise, used the following as descriptors for the various sectors within this community. Founded in 2001, the organisation works with small scale and traditional fishing and coastal communities on the West and South coast of the Western Cape. 6 Their definitions read as follows: TRADITIONAL FISHERS – These are long established by specific communities that have developed customary patterns of rules and operations. Reflect cultural traits and influenced by religious practices or social customs. Knowledge is transmitted between generations by word of mouth. They are usually small-scale and/or artisanal. SUBSISTENCE FISHERS – This is a category in which the catch shared directly by the families rather than selling to intermediaries, as defined in Section 1 of the Marine Living Resources Act of 1998. SMALL-SCALE FISHERS – This is a labour-intensive group using relatively small crafts and limited capital. Family-owned, and may be commercial or for subsistence and are often equated with artisanal fishers. ARTISANAL FISHERS – These are fisher households with small capital, small fishing vessels operating close to shore, and mainly for local consumption. They can be subsistence or commercial fishers, and sometimes referred to as small-scale fisheries. In general, though by no means always, they employ relatively low level technology. Traditional artisanal fishers differ from subsistence fishers in that they regard themselves as skilled tradesmen who fish for a living. With the confusion in terminology, and with the SFTG having recognised that the definitions excluded a group of fishers, it has been accepted over the last while that the artisanal fisher community and the small-scale fisher community should be one and the same. The small-scale fisher sector can be distinguished from broader commercial operations firstly by the comparatively small size of their operations, as well as by the day-to-day involvement of the owner of the venture, including their active involvement in the catch effort or processing. 7 1.3 Motivation for this study Interest in this specific field of research came about as a result of both a previous personal involvement in and an exposure to, the South African fishing industry. The latter through a parent who was managing director of the largest fishing company in the country through the 60’s and 70’s, and through him some knowledge of the industry as well as some of the role players themselves was gained. Own experience was limited to a couple of year’s exposure, but on two different sides of the industry’s business spectrum. On the one hand working for a large corporation and on the other for a smaller, family run enterprise. More recently and currently, exposure is being gained through being contracted to undertake a specific project within the industry, on a semi-permanent project management basis. The area of focus and involvement is in the pelagic fish sector, but requires a broader interaction with players from other sectors of the fishing community. Initially, the intention was to research the quota system in the local fishing industry, across all sectors and all species.